Legal Question in Family Law in Illinois
May Lose Job - Need to Reduce Spousal Support
My b/f is 62. Ex is 45. Divorced 15 mth. 2 children 18 & 19. Settled for 400/mth sp/sup in lieu of c/s. Pays 4 more yrs. B/f fears he may lose job due to cutbacks. If this happens he can�t afford 400/mth s/s. His current income is $846 from pension which 350 goes to ex. He�s left with $515 of pension. Just started rec Soc Sec in the amt of 1208/mth. His net salary is $142 ev 2 wks after ex garnishes salary (mut agmt). She rec 350/mth from his pension and 400/mth s/s equaling 750/mth from him. His net pay is 2,007/mth after he pays her. Prob: if he loses job he will only net 1723/mth & if he has to continue paying her 400/mth s/s, he will only have 1323 to live on. He can�t survive on that. She�s a Server. Fact: she makes 100+ day tips many days a wk but can�t prove it bec she hides her inc by only claiming 8% of tips, so it looks like she hardly makes any money. If he loses job can he go back to court and reduce or even eliminate paying her this 400/mth s/s. What would his chances be at winning? Unfor, b/f tipped off ex last night about taking her to court to reduce or elim s/s and this didn�t set too well. Now she intends to pursue having her s/s increased before he loses job. What are her chances? Thanks for any help.
1 Answer from Attorneys
Re: May Lose Job - Need to Reduce Spousal Support
He can always go back to court and ask for his payments to be reduced especially right after losing a job. The court looks to the incomes of the parties and tries to ascertain a fair amount based on the circumstances. If his circumstances aren't good, then the judge will consider that. Modifications to support are common.
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